House Unanimously Passes Identity Theft Legislation

On March 18, 2008 the Kentucky House of Representatives unanimously approved Attorney General Jack Conway and Representative Robin Webb’s identity theft legislation. The bill is cosponsored by Rep. Jim Glenn of Owensboro and Rep. John Vincent of Ashland.

“This bill requires all Kentucky businesses to follow the same federal guidelines that financial institutions and healthcare companies have been following for years,” Attorney General Conway said. “House Bill 553 will protect consumers and help them restore their good name if thieves steal their identities.”

The law will require businesses to notify residents if their personal information, such as a bank account number or Social Security number, has been compromised by improper disposal of paper records or an online security breach. Businesses must take reasonable steps to protect and properly dispose of personal information. If information is compromised, businesses could be civilly liable for losses incurred by consumers.

HB 553 will also require businesses to keep Social Security numbers hidden in mailings, remove as identification numbers on benefit cards and require security measures for Web sites where consumers enter their Social Security numbers.

The legislation will criminalize the practice of “phishing,” where e-mails or Web sites mimicking legitimate businesses are created to scam consumers. The law will allow victims, the Attorney General, Internet service providers and owners of Web sites or trademarks to sue the perpetrator for injunctive relief or damages.

In addition, the law will improve the efficiency of the legal process for individuals who are victims of identity theft. HB 553 will expedite the process for residents to obtain a Circuit Court order that could be used to dispute fraudulent charges. The law will require all local law enforcement agencies to process identity theft complaints and provide copies to victims. Identity theft education will also be incorporated into basic training for all police officers. The law expands the scope of identity theft violations to which victims may seek civil relief against criminals who have perpetrated these crimes.

The bill will also strengthen Kentucky’s existing harassing communications statute by clarifying that the law also applies when a perpetrator uses another person’s identity when sending an offending communication.

In late March, the Senate Judiciary Committee also unanimously passed HB 367, which strengthens Kentucky laws prohibiting Internet child predators, cybercrimes and other modern law enforcement challenges. HB 367 was reported on in last month's Techlines.

Identity Theft Prevention Tips

In 2006, more than eight million Americans were the victims of identity theft. The Office of the Kentucky Attorney General, the state’s chief consumer protection agency, has received more than 800 complaints of identity theft since 2005; more than 300 of those complaints were registered last year.

The Attorney General’s Office of Consumer Protection works with victims to help protect and reclaim their identities. A tool kit is available online at ag.ky.gov or by calling the Office of the Attorney General’s Identity Theft Hotline at 1-800-804-7556. The tool kit contains information on how to repair credit, file police reports and prepare sworn affidavits.

To protect their identities, consumers should be aware of the following tips:

Attorney General Conway has pledged to create an Internet Crimes Unit that will crack down on crimes committed online, including identity theft, scams and solicitation of minors. The investigative unit will be operational this spring.